EHNES v. WAGNER


388 Pa. 102 (1957)

Ehnes v. Wagner, Appellant.

Supreme Court of Pennsylvania.

March 18, 1957.


Attorney(s) appearing for the Case

M.E. Maurer, with him S.C. Nissenbaum, and Wexler, Mulder & Weisman, for appellant.

F. Hastings Griffin, Jr., for appellee.

Before STERN, C.J., JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE ARNOLD, March 18, 1957:

In this action of assumpsit, defendant appeals from the order of the court below discharging his rule to open judgment which had been entered in 1931 for want of an affidavit of defense.

Out of the mass of proceedings and depositions, in which much confusion was created, there evolves one fact that is crystal clear — it would be a grave injustice to disturb this judgment.

In March, 1931, the Broadway...

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